H1B Extension Denied

[Bunny6779]

I am in a situation where I need your inputs urgently. My H1B visa got denied today.
Here are the details:
H1B Visa expiration: Sep 30, 2009
I94 expiration: Sep 30, 2009
Applied for Visa extension: Aug 19, 2009
RFE from USCIS: Dec 1st week, 2009 and USCIS has requested for response from the petitioner by Dec 31, 2009
Response to RFE by petitioner and documents received by USCIS: Dec 30, 2009
After responding to RFE, we did not receive any response from USCIS and hence applied for a service request to USCIS on Apr 22, 2010
Update from USCIS on Jun 4, 2010: Denied and denial notice has been sent

My employer has not received the denial notice yet. I am not sure what the reason for denial is.

Could anyone tell me what are my options now?

[shervin143]

Your illegal stay started from Oct 1st 2009 (Immediately following the I-94 expiry date) and it's more than 6 months now. You are in trouble. You should leave the country immediately.

If you stay illegally for 6 months, you could get up to 3 year ban from entering U.S. If you stay illegally for 1 year, then you could get up to 10 year automatic ban.

[rreddybsa]

Leave the Country or get an F1

Hi there,

You will start accumulating illegal stay if you have not left the country within 30 days of your H1 denial. I hope you have not worked from 1 Oct 2009 till date as you do not have an valid work permit to do so.

Either apply for an F1 from a school and stay in US or Leave within 30 days of your H1 denial

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The information i share is from different internet articles and not a legal advice

[shervin143]

You will start accumulating illegal stay if you have not left the country within 30 days of your H1 denial.
>>> This information is wrong. The person has already accumulated illegal stay. Any time spent after the I-94 expiry will be considered illegal. There is no such grace period (30 days or whatever).

Either apply for an F1 from a school and stay in US or Leave within 30 days of your H1 denial
>>> COS is not possible when a person is illegal (With an expired I-94). So changing to a different status is not possible inside U.S. Leaving the country immediately is the only option. The company lawyer can appeal against the denial.

[wavering]

hello friends!
by reading the posts on this thread, i want to play safe and I have few queries as under:
-My hib visa is expiring next year in sep. I want to know what should be the ideal time to file for an extension...i mean how many months in advance of the visa expiry?
-Also I'm planning to enroll in a school for further education in april next year
my question is, if I do a cos to f1 and if the cos is denied , considering the fact that my h1b visa will be valid till sep next year, what status I will have.If cos is denied, can i continue to work on my h1b [presuming my employer doesn't have any problem] and later file for extension?
I hope some body will take out time to respong to my queries.
Thanks for reading the post!

[shervin143]

-My hib visa is expiring next year in sep. I want to know what should be the ideal time to file for an extension...i mean how many months in advance of the visa expiry?
>>> You can file for an extension 6 months in advance of the current I-94 expiry date.

-Also I'm planning to enroll in a school for further education in april next year
my question is, if I do a cos to f1 and if the cos is denied , considering the fact that my h1b visa will be valid till sep next year, what status I will have.If cos is denied, can i continue to work on my h1b [presuming my employer doesn't have any problem] and later file for extension?
>>> If your F1 is rejected, then you will remain in H1B status. You can continue to work for the H1B employer and file for extension later.

Please post your questions in a separate thread instead of posting it at the top of someone else's post.

[wavering]

Shervin143, I'm extremely thankful for your inputs.And yes, I won't repeat the mistake of overlapping my questions on existing threads.

[Bunny6779]

H1b Extension Denied

Shervin and others..Thanks for all your support

Shervin, Illegal stay doesn't count from the day I 94 got expired,If you file an extension when you are in valid status, it will count from the date of denial that Jun 4 th 2010 in my case.

Anyways my extension approved on July 29th with another employer and went for an interview in chennai on Aug 20th,VO issued 221 g blue and asked me to drop off all the docs at VFS which I did on 20th itself since everything is handy.Today I have checked my case status and they updated that they sent my PP along with my docs so I'm eagerly waiting for the result.

[Bunny6779]

H1B Extension denied

OOPS!I received the documents & PP on Thursday thru mail,got 221g blue form again as second request with star symbol in it stating that they are not satisfied with the project documentation, so I informed the same to my employer and they are working on project documentation.'ll keep you posted on my updates.